Wed, 08 Dec 2004

Govt 'lacks will' on disappearances

Tony Hotland, The Jakarta Post/Jakarta

The government is being urged to take action to relieve the pain of thousands of families across the country who do not know the fate of loved ones who disappeared because of their political beliefs.

National Commission on Human Rights chairman Abdul Hakim Garuda Nusantara said one of the first priorities had to be preventing future disappearances by reforming the law enforcement system.

"Those who have been accused of perpetrating forced disappearances must face justice. If proven guilty, they must be prosecuted .... The government must resolve these cases," he said on Tuesday.

Abdul Hakim acknowledged that such prosecutions would be difficult due to the poor condition of law enforcement in the country.

"It is not easy but must be pursued. The House of Representatives should exercise political pressure on the government, demanding it take this issue seriously. These human rights violations could jeopardize the democracy that we are trying to build," he said.

Abdul Hakim said the rights body had set up a team to focus on cases of forced disappearance, but emphasized that it would cooperate with the government and law enforcers, especially when investigating cases in conflict areas.

At least 1,000 people are documented to have disappeared in Nanggroe Aceh Darussalam during prolonged military operations against separatists there, while dozens of others have reportedly disappeared in other conflict areas such as Papua and Poso, South Sulawesi.

Human rights activists believe most of these people disappeared due to their political beliefs and activities, which were considered a threat to those in power.

No one has been prosecuted for forced disappearances despite reports from victims who resurfaced years after allegedly being kidnapped by police or military personnel.

"A law protecting witnesses, victims and human rights activists is necessary and should be a priority. Combined with reform in the legal system and government, such cases might find their way to the light at the end of the tunnel," said Abdul Hakim.

Legal expert Harkristuti Harkrisnowo agrees that action and political will are needed to bring cases of forced disappearance to the surface.

"We have all the laws and procedures to deal with human rights issues. However, it is a completely different matter if none of these regulations are implemented," she said.

Harkristuti also said a law protecting witnesses and victims was essential to provide assurance that these people would not be intimidated if they stepped forward.

"A draft of such a law was submitted to the House sometime in 1999, but nothing has been done," she said.

She urged the new administration to start viewing human rights violations from the viewpoint of the victims, and to start doing more to ease the pain of those who have and continue to suffer.